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(영문) 수원지방법원 2017.11.17 2017노4267
건조물침입등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (the suspended sentence of KRW 4 million) is too uneasy and unreasonable.

2. In a case where there is no change in the terms and conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). As no new data on sentencing have been submitted in the first instance court, there is no change in the terms and conditions of sentencing compared with the lower court’s judgment, and circumstances for which the prosecutor alleged as grounds for sentencing are unfair, are deemed to have already been reflected in the grounds for sentencing of the lower court. In full view of all other circumstances, including the motive, means, and consequence of the crime, and the circumstances after the crime, etc., the lower court’s sentencing cannot be deemed to have exceeded the reasonable scope of discretion, and thus, it cannot be deemed that

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.

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